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Gregory Bacon , Aida Tohala  (Bristows)
Abbott Diabetes Care Inc. v Sibio Technology Limited – an update
August 23, 2024

Background In June 2024, we reported that in an application for provisional measures brought by Abbott Diabetes Care against Sibio Technology, The Hague Local Division (“LD”) determined, inter alia,…

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Dr. Malte Köllner
Dear Mr. President, A word on the composition of the Opposition Division - Part II
August 14, 2024

This is part II of an open letter directed to the President of the EPO in his capacity to give directions on the composition of Opposition Divisions. Article 19 EPC explicitly permits the Primary…

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Bart van Wezenbeek  (Hoffmann Eitle)
Patent case: Franz Kaldewei GmbH & Co. KG vs. Bette GmbH & Co. KG, UPC
August 13, 2024

In a long awaited, but timely decision the Düsseldorf local division has the honour to be the first to decide an infringement case before the UPC. Indeed, the court lived up to its promise to deliver…

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James Boon  (Bristows)
IDC v Lenovo: reinforcing the English Court’s pragmatic approach to FRAND determination
August 07, 2024

On 12 July 2024 the English Court of Appeal gave its second FRAND determination judgment, in the context of an appeal and cross-appeal of Mellor J’s first instance decision in IDC v Lenovo.  This…

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Dr. Carlota Vergas Romero  (Balder IP)
Are we facing a change in the patent protection of inventions in the phytosanitary sector in Bolivia?
August 05, 2024

Bolivia's industrial property law, Decision No. 486 of the Andean Community, contains an article that defines what cannot be patented. This article 20 b) is currently the subject of controversy due…

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Eden Winlow  (Bristows)
An Emotional Roller-Coaster – the English Court of Appeal overturns the High Court on the Patentability of AI Inventions
July 31, 2024

On 19 July 2024, the Court of Appeal handed down its judgment in Comptroller – General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825 following a hearing on…

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Dr. Malte Köllner
Dear Mr. President A word on the composition of the Opposition Division Part I
July 31, 2024

  Dr. Malte Köllner This is an open letter directed to the President of the EPO in his capacity to give directions on the composition of Opposition Divisions. Article 19 EPC explicitly permits…

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Matthieu Dhenne  (Dhenne Avocats)
UPC and SEPs/FRAND: Many questions, very few answers (so far)
July 30, 2024

The question of the role that UPC is likely to play in relation to SEPs (and therefore FRAND licenses) is one that I've heard most often since the new jurisdiction was born, certainly because the…

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Hafsa Babar  (Bristows) , Brian Cordery  (Bristows)
Guidance Note on Skeleton Arguments in English Patent Court Proceedings
July 30, 2024

A recent decision from Joanna Smith J dealing with the costs of a withdrawn application in a case before the English Patents Court contains an important postscript and suggests that the rules in the…

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Matthieu Dhenne  (Dhenne Avocats)
Panasonic cases: Clarification on the production of comparable licenses before UPC (orders to produce evidence)
July 29, 2024

This week we reported on the case between Huawei and Netgear, in which the defendant had obtained a production order for a comparable license granted by Huawei to Qualcomm, the production of which…

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